AGREEMENT BETWEEN USER AND BeBetterNow

The BeBetterNow Web Site is comprised of various web pages operated by BeBetterNow, Inc. (“BeBetterNow,” “we,” “us,” or “our”). The BeBetterNow Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BeBetterNow Web Site constitutes your agreement to all such terms, conditions, and notices.

PRODUCT AND HEALTH INFORMATION DISCLAIMER

These statements have not been evaluated by the Food and Drug Administration. The products and information offered on the BeBetterNow Web Site are not intended to diagnose, treat, cure, or prevent any disease, and are not a substitute for professional medical advice. You should consult a physician or other qualified healthcare provider before starting any new supplement, particularly if you are pregnant, nursing, taking medication, or have a known medical condition.

MODIFICATION OF THESE TERMS OF USE

BeBetterNow reserves the right to change the terms, conditions, and notices under which the BeBetterNow Web Site is offered, including but not limited to the charges associated with the use of the BeBetterNow Web Site.

LINKS TO THIRD PARTY SITES

The BeBetterNow Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of BeBetterNow, and BeBetterNow is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BeBetterNow is not responsible for webcasting or any other form of transmission received from any Linked Site. BeBetterNow provides these links only as a convenience, and the inclusion of any link does not imply endorsement by BeBetterNow of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BeBetterNow Web Site, you warrant to BeBetterNow that you will not use the BeBetterNow Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BeBetterNow Web Site in any manner which could damage, disable, overburden, or impair the BeBetterNow Web Site or interfere with any other party’s use and enjoyment of the BeBetterNow Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BeBetterNow Web Site.

USER SUBMISSIONS AND REVIEWS

The BeBetterNow Web Site may allow you to submit reviews, comments, questions, or other content (collectively, “Submissions”). By submitting content, you agree that you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

• Post any unlawful, defamatory, infringing, obscene, or indecent material.

• Post content that you do not own or have the right to share.

• Upload viruses or any other code designed to disrupt or damage the Web Site.

• Use the Web Site to advertise or solicit for any unrelated business purpose.

BeBetterNow has no obligation to monitor user Submissions, but reserves the right to review, edit, or remove any Submission at its sole discretion, and to disclose information as necessary to comply with applicable law, regulation, legal process, or governmental request.

MATERIALS PROVIDED TO BeBetterNow OR POSTED AT ANY BeBetterNow WEB SITE

BeBetterNow does not claim ownership of the materials you provide to BeBetterNow (including feedback and suggestions) or post, upload, input, or submit to any BeBetterNow Web Site or its associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant BeBetterNow, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. BeBetterNow is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. By submitting a Submission, you warrant that you own or otherwise control all rights necessary to provide it as described in this section.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BeBetterNow WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BeBetterNow AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE BeBetterNow WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BeBetterNow WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. BeBetterNow AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE BeBetterNow WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BeBetterNow AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BeBetterNow AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BeBetterNow WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BeBetterNow WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BeBetterNow WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BeBetterNow OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BeBetterNow WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BeBetterNow WEB SITE.

TERMINATION / ACCESS RESTRICTION

BeBetterNow reserves the right, in its sole discretion, to terminate your access to the BeBetterNow Web Site and the related services, or any portion thereof, at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to its conflict-of-laws principles, and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Massachusetts in all disputes arising out of or relating to the use of the BeBetterNow Web Site. Use of the BeBetterNow Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BeBetterNow as a result of this agreement or use of the BeBetterNow Web Site. BeBetterNow’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement derogates from BeBetterNow’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the BeBetterNow Web Site or information provided to or gathered by BeBetterNow with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BeBetterNow with respect to the BeBetterNow Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and BeBetterNow with respect to the BeBetterNow Web Site. A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

Interceuticals®, BetterWOMAN®, BetterMAN®, and other product and brand names appearing on the BeBetterNow Web Site are trademarks of BeBetterNow, Inc. The names of other actual companies and products mentioned on the BeBetterNow Web Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to BeBetterNow’s designated agent. All inquiries not relevant to this procedure will receive no response.

Terms of Service